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E-Z EATING 41 CORP. v. H.E. NEWPORT L.L.C.

Nos. 1717, 112467/08, 1717A.

84 A.D.3d 401 (2011)

922 N.Y.S.2d 329

E-Z EATING 41 CORP., Appellant, and E-Z EATING 47 CORP., Intervenor-Appellant, v. H.E. NEWPORT L.L.C. et al., Respondents.

Appellate Division of the Supreme Court of New York, First Department.

Decided May 3, 2011.

Given that the time to cure the alleged lease default has expired, and that the E-Z Eating 41 Corp. has surrendered possession of the premises, the orders appealed are presently moot (see Matter of Johnson v Pataki, 91 N.Y.2d 214, 222 [1997]; cf. Automated Ticket Sys. v Quinn, 90 A.D.2d 738, 739 [1982] [dismissing claims for declaratory relief relating to contract; "(t)he contract having...

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